Assured periodic tenancies — How they work from 1 May 2026

From 1 May 2026, the Renters’ Rights Act replaces fixed-term Assured Shorthold Tenancies with a single tenancy type for England’s private rented sector: the assured periodic tenancy. Understanding how periodic tenancies work — and how they end — is essential for every England landlord. Reviewed March 2026.

What the rule is

An assured periodic tenancy has no end date. It runs indefinitely on a rolling basis — typically month-to-month or week-to-week depending on how rent is paid — until either party ends it in accordance with the statutory rules. The Renters’ Rights Act makes this the only permitted tenancy type for new private residential lettings in England from 1 May 2026, and converts all existing fixed-term ASTs to periodic tenancies on that date.

When it applies

The assured periodic tenancy regime applies to all new and existing assured tenancies in England from 1 May 2026. This covers the vast majority of private rented residential tenancies. Excluded tenancies (e.g. those with rent above £100,000 per year, or where the landlord lives in the same property) remain outside the assured tenancy framework as before.

What landlords must do

Grant new tenancies as periodic from the outset

From 1 May 2026, all new tenancy agreements must be drafted as periodic tenancies. There is no fixed end date. The standard form sets out the periodic rent, the start date, and the period (usually monthly). Landlords who attempt to grant a fixed-term AST after this date have no valid tenancy of that type — the tenancy will take effect as periodic in any event.

Understand how the tenancy ends

For landlords: From 1 May 2026, the only way to end an assured tenancy (other than mutual surrender) is by obtaining a possession order through the court using a valid Section 8 ground. The landlord must:

1. Serve a valid Section 8 notice specifying the ground(s) relied upon and the required notice period
2. Wait for the notice period to expire
3. Issue possession proceedings in the county court if the tenant does not leave
4. Obtain a possession order

For tenants: A tenant wishing to end the tenancy must give at least two months’ written notice. This notice can be given at any time — there is no minimum period the tenant must have been in the property.

Do not include “end of term” references

Periodic tenancy agreements should not include clauses that reference a fixed end date, an anniversary date to renew, or terms that only made sense under a fixed-term structure. Review your standard templates.

What evidence to keep

• A signed copy of the periodic tenancy agreement (with start date, periodic rent, and notice provisions clearly stated)
• The Section 8 notice with the specific ground(s) relied upon and proof of service (for any possession claim)
• Correspondence with the tenant if the tenancy ends by mutual agreement or surrender
• Records of all rent payments, confirming the periodic rent amount and payment dates

Common mistakes

• Including a fixed end date in a new tenancy agreement — from 1 May 2026 this is not valid; all tenancies are periodic
• Expecting tenants to leave at the “end” of a converted fixed term — there is no end date; the landlord must use Section 8
• Confusing statutory periodic tenancies with new periodic tenancies — the old statutory periodic regime (where a tenancy automatically became periodic at the end of a fixed term under the Housing Act 1988) is replaced by the new assured periodic tenancy structure
• Not updating tenancy agreement templates — any template that includes fixed-term language needs updating before 1 May 2026

What changed on 1 May 2026

Before 1 May 2026, the most common tenancy structure in England’s private rented sector was the fixed-term AST — typically 6 or 12 months — which gave landlords the option to recover possession at the end of the term using Section 21. From 1 May 2026:

• Fixed-term ASTs are abolished as a new tenancy type
• All existing fixed-term ASTs convert to assured periodic tenancies
• All new tenancies must be periodic from the outset
• Section 21 is abolished; possession requires a valid Section 8 ground
• Tenants can leave with two months’ written notice at any time
• Rent increases are limited to once every 12 months via Section 13 notice

The practical effect is that tenancies are now designed to run for as long as the tenant wishes to stay, provided they pay their rent and meet their obligations.

FAQ

Does a periodic tenancy mean a tenant can stay forever? A tenant can stay for as long as they meet their obligations and the landlord does not have a valid Section 8 ground for possession. The Act is designed to provide greater security of tenure for tenants.

How much notice does a tenant need to give to leave? Two months’ written notice. This can be given at any point in the periodic tenancy.

Can a landlord include a break clause in a periodic tenancy? No. The concept of a break clause is a fixed-term mechanism. In a periodic tenancy, the landlord’s ability to recover possession is determined by the Section 8 grounds, not by contractual break clauses.

What happens if a tenant just stops paying rent in a periodic tenancy? The landlord must serve a Section 8 notice relying on the rent arrears grounds (Ground 8 for serious arrears, Grounds 10 and 11 for lesser arrears) and then apply to the court for a possession order.

Can I convert a periodic tenancy back to a fixed term later? No. Fixed-term ASTs cannot be granted after 1 May 2026. The periodic tenancy structure is permanent under the new regime.